We are back “stateside,” after a trip to London and Florence. We loved both, especially the Tower of London, Highclere Castle (used for the filming of Downton Abbey – how very cool to walk through the rooms we watched with such pleasure for six seasons) and, of course, the breathtaking David. But this is pretty
TwIqbal
S.D. Texas: PMA Preemption and Twiqbal Doom Stent Graft Warnings and Manufacturing Defect Claims
When last we wrote, we had just watched our gorgeous standard poodle puppy, Luca, compete in his first weekend of dog shows. He was still learning the ropes, and, though he looked beautiful, he did not win any points. (Dog shows are worth from one to five points for each breed, depending on the number…
Mixed Bag of Holdings from EDNY in Class II Non-invasive Facelift Device Case
He didn’t win, but he sure looked beautiful. Luca, that is. Faithful readers know that our beautiful standard poodle puppy made his show debut last weekend in Massachusetts. He is learning the ropes and settling down – winning will come in time. We can’t express how thrilled we were to be ringside for these first…
W.D. Louisiana Dismisses Insulin Pump Case on Preemption and Twiqbal Grounds
When last we spoke, we were about to deliver our beautiful standard poodle puppy, Luca (registered name Tivin Dreamcatcher), to his show handler, who would trim him and train him and launch his dog show career. The transfer was accomplished without incident, if you don’t count mommy’s predicable reaction to the separation. It also included…
“Information and Belief” Do Not a Fact Make, Says the Southern District of New York
We just bought tickets for ourselves and a dear visiting colleague to see Barry Manilow in concert next month. We love everything about Barry – his songwriting (we orchestrated many a youthful breakup with “Even Now” played over and over again), his chutzpah (just shy of his 79th birthday, he premiered a new musical,…
Design Defect Claim Dismissed in W.D.N.Y. Fosamax Case
We write today from a room in a rehabilitation facility, where we just shared the Drug and Device Law Dowager Countess’s lunch. The Countess, nearly 88, plunged down a flight of eight concrete stairs 12 days ago and managed to emerge with three broken ribs (one in two places) and no other injuries. A painful…
Fifth Circuit Affirms Dismissals and Summary Judgment in Defibrillator Case out of the Eastern District of Louisiana
This post is from the non-Winston & Strawn side of the blog.
As we write today, we are nine days from an event, two years in the planning, that we have mentioned in these pages before. We are taking the Drug and Device Law Dowager Countess (nearly 88) and her slightly younger sister to see…
Partial “PMA Preemption” Victory in D.S.C. Pacemaker Case
As we write this, our firm’s “return to office” date is less than two weeks away. We will be delighted to see, hug, and collaborate in person with colleagues we’ve missed for two long years (computer visages notwithstanding), though we confess to panic at the prospect of “real clothes.” And shoes. It’s all a bit…
Conclusory Allegations Don’t Cut It In External Pacemaker Case
As we age, we sometimes forget how things used to be. It is not just age-related deterioration of the synapses in our hippocampi. (We do question why hippocampi and hippopotamuses are the preferred plural forms these days and why more anatomic structures are not named for things like seahorses.) There is also a recency effect. …
Pleading Preemption As A Defense In A Privacy Class Action
Critics have been known to accuse us of being too hard on product liability plaintiffs and too forgiving of defendants who develop medical products. We all have our biases, especially after many collective decades of representing the latter group, but we do think the table is often tilted in favor of the former group. One…